New Release by Attorney Don Fountain: Advocating for Consumer Safety.

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New Release by Attorney Don Fountain: Advocating for Consumer Safety.

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Tue 4th Feb | 2025

Midair Tragedy Over Washington, D.C.: Seeking Justice for the Victims of Flight 5342

Accidents Personal Injury BY

On Wednesday evening during a routine flight into Washington, D.C., dozens of families waited at Reagan National Airport for loved ones arriving on American Eagle Flight 5342. The passenger jet operated by PSA Airlines, a wholly owned subsidiary of American Airlines, was carrying 64 people, including top US and Russian figure skaters, coaches and family members, business travelers, a civil rights lawyer, flight crew, and many others trying to make it home to their families. The passenger plane had departed from Wichita, Kansas and was just moments from landing at Reagan National Airport.

As the plane made its decent over the Potomac River, a U.S. Army operated Sikorsky UH-60 Black Hawk helicopter with a three-man crew on a training mission crossed into the path of the passenger plane. The two aircraft collided midair, erupting into a fireball. Debris rained into the freezing waters below. There were no survivors.

This tragic accident raises many questions. How did this happen? Could it have been avoided? Who is responsible for insurmountable loss of life? Early investigations suggest negligence at multiple levels may have played a role.

The three soldiers aboard the Black Hawk were also victims of this tragedy. If the actions or omissions of the helicopter crew caused or contributed to the incident, the U.S. federal government must be held accountable. Under the Federal Tort Claims Act (FTCA), victims’ families can file claims against the U.S. government for wrongful death caused by the negligence of federal agencies or employees, including the U.S. Army. If investigations reveal that the actions or inactions of the U.S. Army or its helicopter crew played a role in the crash, legal action under the FTCA could provide a path to justice for those affected.

The Federal Aviation Administration (FAA) is a U.S. federal government agency responsible for maintaining air safety and employing qualified Air Traffic Controllers, and if the negligence of the FAA or its employees contributed to a disaster—such as failing to regulate airspace, mismanaging air traffic control, or using outdated technology—it must be held accountable. As a federal agency, the FAA may face claims under the FTCA if evidence indicates FAA actions or omissions caused or contributed to this unimaginable loss.

The FTCA is a complex legal framework with many rules, case law precedent, sensitive deadlines, and exceptions. A knowledgeable and capable attorney is critical to achieving success in an FTCA claim or lawsuit.

The passengers American Eagle Flight 5342 trusted American Airlines and its wholly owned subsidiary, PSA Airlines, to prioritize passenger safety. Pilot decision-making, aircraft maintenance, and airspace monitoring are critical to ensuring safe travel. If the crew miscalculated their approach, failed to follow proper policy and procedures, the aircraft’s systems malfunctioned, air traffic coordination was inadequate, or the airlines were found to be otherwise negligent, then American Airlines and PSA Airlines could be held liable.

For the victims’ families, this is more than a tragedy—it’s a fight for accountability. Wrongful death lawsuits may target the U.S. federal government, the FAA, American Airlines and its subsidiary, and even aircraft manufacturers.

Attorneys must act swiftly, securing flight logs, maintenance records, and black box data. Aviation experts will be crucial in uncovering the truth of what caused this tragedy.

This catastrophe was not inevitable—it was preventable. If systemic failures caused 67 innocent lives to be lost, those responsible must be held accountable. For grieving families, justice is not optional, it’s essential.

Clark, Fountain, Littky-Rubin & Whitman

At Clark, Fountain, Littky-Rubin & Whitman, we have the experience and resources to handle complex aviation and wrongful death cases from start to finish—including litigation, trial, appellate matters, and navigating jurisdictional challenges. Cases like these often involve multiple defendants, including airlines, government agencies, and aircraft manufacturers, requiring a deep understanding of both state and federal jurisdiction. With a track record of representing clients in 26 states across the country, our firm is equipped to handle the intricate legal issues that arise in multi-jurisdictional litigation. Our appellate division ensures that every legal avenue is pursued, from initial filings through appeals if necessary, providing comprehensive representation at every stage. In cases of this magnitude, a thorough investigation and holding the responsible parties accountable are critical—not only for the families who have suffered an unimaginable loss but also for ensuring safety improvements that prevent future tragedies.